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<br /> 7s-- U00823
<br /> The EQUITABLE Life Assurance Society of the United States
<br /> 22nd December 77 I
<br /> t THIS MORTGAGE.dated as of the............................day of............................................, 19........, betwcen Rdl ph H.
<br />; Mettenbrink, also known as Ralph Mettenbrink, and Arlene Mettenbrink, each in his and
<br />, her own right and as spouse of the other,
<br />' Grand Zsland, Nebraska 68801
<br /> whosepost office address is_........................................................................................................................................................._....................
<br /> hereina tf er called "Mort�agoq" and THE EQUITABLE LIFE ASSURANGE SOCIETY OF THE LJNITED STAT'ES,a New York
<br /> cocporation,having its prmapal oBice and post office addras at 1285 Avenue oE the Americas,New York,Ntw York 10019,heninafter
<br /> called"Mortgcgsa";
<br /> WHEREAS,the Mortgagor is justly indebted to the Mortgagee in the sum of.Ei�ht Hundred 1t.enty Five Thousand and
<br /> ....................................................................
<br /> no/100-------------------.-Dollars E...��.S.,.Q.Q.O.QQ...............) with intemt,all as set forth in his certain prartniuory aota
<br /> ..... . . ..........................................
<br /> ........ .
<br /> ("Note") oF even date herewith maturing........anuarY...l.r...................................�c]gc..2f�03
<br /> NOW,THEREFORE,THIS MORTGAGE WITNESSETH, that,to secure the payment nf the principa!of and interat on the Not�
<br /> and tf�e performance of the covenants therein and herein contained,and in consideration of the premises,the Mortgagor by tl�ae presents
<br /> does grant, bargain, sell, convey, transfer, assign, mortgage, pledge, warrant and confitm unto the Mortgagec all the property ("tbe
<br /> Mostgaged P�operty") hezeinafter described, to-wi[:
<br /> I. The followin described real property located in the Counry of .Hall
<br /> ................................... ..................................................................
<br /> State of......Nebras a........_ .......,to-wit:
<br /> ..... ......................
<br /> Northeast Quarter (NE4); the Northeast Quarter of the Northwest Quarter (NE,NW4) and the
<br /> North Half of the Southeast Quarter (N�SE4) of Section Fifteen (15) in Township Twelve (12)
<br /> North, Range Ten (70) West of the 6th P.M. and
<br /> The Southwest Quarter (SW;) of Section Eight (8) in Township Twelve (12) North, Range Nine (9)
<br /> West of the 6th P.M. in Hall County, Nebraska, except 7.6 acres in the Southwest Corner of
<br /> said Southwest Quarter (54f4) formerly occupied by a Church and School consisting of 152.4 acres '
<br /> more or less, the 7.6 acres more particularly described in Deed recorded in Book 96, Page 190
<br /> of the Deed Records in the Office of the Re ister of Deeds, Hall County, Nebraska, and
<br /> Southeast Quarter (SE4) of Section Eight (8}, Township Twelve (12) North, Range Nine (9) West
<br /> of the 6th P.M. excepting that portion thereof conveyed to the State of Nebraska by Warranty
<br /> Deed recorded in Book 77, Page 57 of the Deed Records of Hall County, Nebraska, and
<br /> The Southwest Quarter (SWq) of Section Twent -nine (29), Township Twelve (12) North, Ran e
<br /> Nine (9) West of the 6th P.M. and Lot Two (2� in Section Thirty (30) in Township Twelve �('{2)
<br /> North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, and
<br /> The Southeast Quarter (SE;) of Section Twenty-Six (26) in Township Twelve (12) North, Range
<br /> Ten (10) West of the 6th P.M., Hall County, Nebraska.
<br /> De£ault by the mortgagor under any other instrument securing the debt hereby secured shall con-
<br /> stitute a de£ault under this instrument.
<br /> II. ?he Mortgagor's interat as lasor in all leasa (induding but not limited to, oit, gas and mineral leases) now or hemfter
<br /> affectiag the above-described real property or any part therrnf.
<br /> TOGETHER WITH the rents, issues, and pro6ts thereof, resming,however, (unless otherwise provided herein or in a xparate
<br /> instntmrnt oF assignmrnt), unto the Mortgagor the right,prior to any default in the paymrnt oE the Note or in perforrttance of any
<br /> agreetnent hereunder,to collect and retairr such rentr, issues, and ptofits as they become due and payablq and together alw with all and .
<br /> singular the tmements,hereditaments, and appurtenances thereunto belongi�g,including irrigation, dtainage,aad water rights of every
<br /> kind and descriptioa
<br /> TO HAVE AND TO HOLD the same unto the Mortgagee, iu successors and usigns, forever.
<br /> PROVIDED, ALWAYS, that if the Mortgagor, his heirs, representatives,successors or assigns,shall pay unto the Modgagee, its
<br /> snccasors or assigns,the said sum of monry mentioned in the Note and the interest thereon at the times and plate and in the manner
<br /> specified in the Note,and all other sums that may become due and owing to the Mortgagee pursuant to any of the terms,covenants and
<br /> mnditions hereof, and perform all the conditions and covenants contained in this mortgage("Mnrrgwge"),then these presents and the
<br /> atate I�eteby granted shal!cease,determine and be void,otherwise to remain in full Force and effect.
<br /> AND SUBJECI'to the covenants and conditions hereinafter set forth.
<br /> FIRST: 'I'he Mortgagor hereby covmants and agrees, to the extmt permitted by law, as follows: (a) to pay prom�dy whrn due
<br /> the principal and interest and other sums oF money provided for in the Note and in this Mortgage,or either; (b) topa y a 1 taxes,assess-
<br /> mrnts and othet charges (including ditch,canal, reservoir,or other watet charg�s,taxes or assessmrnts) impoxd by iaw upon the Mort-
<br /> gaged Pmperty, the Moctgagee's intecest therein, or upon the Mortgage or the Note; provided however, that, in the evmt of the pas-
<br /> sage of any law changing the laws for the taxation of mortgages or debts secured by mortgage so as to affect this Mortgage, the entire
<br /> indebtednas secured hereby shall,at the option of the Mortgagee, become due and payable; (c) to keep the Mortga�ed Property and im-
<br /> pmvernmts thecron in good conditio�and repair and not to comaait or suHer waste thereoF,and except as authonzed in any schedule
<br /> ._,.anaezed heceto_atsd{fotming a part hereoF,ne�ther to mnove nor permit the removal of any timber, buildings,oil,gas,minertls,stone,
<br /> rock,daq,Ferti}'acr,gravel ot top soil without the prior written consent of the Mor[gagee; (d) to mnintain and deliver to the Moztgagee 7 s
<br /> policies of insuranee against such hazirds on the buildings now or hereafter located on the Mortgaged Property as the Mortgagee may
<br /> reqmre,in such eompanies and amounts and with such loss payable clauses as shall be satisfadory to the Mortgagee;that in the evrnt oF � y�;
<br /> loss We Mortgagee is expressly authocized to settle or compromise claims under said policies and the proceeds shall be paid to the MoR- �6.,<
<br /> pagee who aiay apply same oc any put therrnf oo the indebtedness secured hereby or to�vards the reconstruction or repair bf said build- � '
<br /> �ngs or release suae to the Mortgagor, (e) to pay any lim,ctaim or charge against the Morcgaged PropeRy which might tak�precedrnce � �'�
<br /> ovec,the lim heceof;(f)to pap on demand all legal expensa,title searches,or attomey fees rcasonably incurred or paid by the Mortgagee
<br /> bo`collecN.the Notc oc Foteclose or protect the lirn oF the Mortgage; (g) that in the e��rnt hc shall fail to comply with the provisions of �.�
<br /> (a)`thcough (f) above,the Mortgagee may take such action u is necessary to remedy such failure and all sums.{�aid by the Mortgagee k i�
<br /> p�uwant heteto with interest at the rate hereinaftec provided shall constitute a lien vpon the Mortgaged Property, shall be secvred by ,,
<br /> t6is Mottgage,and shall be immediakeTy due and repayable to the Mottgagee; (h) not to sell the ptemises or any Portion thercof, oq `. �,
<br /> if the Mortgagor u a corporation,not more than ..-..�6 of its corporate stock shall be sold, traded or disposed o(to persons other than
<br /> the present owners prior to the time the indebtedness sccured hereby shall have been reduted (acclusive of prepaymrnts not permitted
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